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| Regulation Aspect | Description | Impact on Buyers |
|---|---|---|
| Prescription Requirement | Legal to buy only with prescription | Must obtain prescription before purchase |
| Age Restrictions | 18+ legally allowed to buy | Age verification required |
| Import Laws | Limited personal import allowed | Risk of confiscation or fines |
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| Dosage | Timing | Frequency | Food Restrictions |
|---|---|---|---|
| 10 mg | 30 mins to 1 hour before sex | Once daily | Take with water, avoid heavy meals |
| 20 mg | As needed | 24 hours apart | Same as above |
| 5 mg | Daily use | Once daily | Consistent daily intake |
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Complainant argues that all of the domain names identified in this proceeding are confusingly similar to the CIALIS mark through the incorporation of the mark fully, and with the addition of generic/descriptive words like �buy,� �cheap,� and �generic,� geographic terms �Canada� or �Canadian,� along with gTLDs �.com,� �.org,� or �.net.� Neither the addition of generic, descriptive nor geographic terms serve to adequately distinguish a respondent�s domain from a mark in which a complainant has rights. Express Co. v. MustNeed.com, FA 257901 (Forum June 7, 2004) (finding the respondent�s
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Alviera, FA 914943 (Forum Mar. 27, 2007) (finding that the addition of geograhic terms, such as �cancun� to the end of the CHEAPTICKETS mark in the
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Alviera, (concluding that the affixation of a gTLD to a domain name is irrelevant to a Policy � 4(a)(i) analysis). For these reasons, the Panel finds that Respondents� domain names are confusingly similar to Complainant�s mark pursuant to Policy � 4(a)(i). The Panel finds Complainant has satisfied Policy � 4(a)(i). Complainant contends the Respondents are not commonly known by the domain names identified herein.� �Further, Complainant argues that none of the Respondents have a license or authorization to use Complainant�s mark. The �WHOIS information provided by Complainant supports this assertion.� Moreover, no Respondent has come forward asserting it is commonly known by the domain names set forth herein.� As such, the Panel finds there is nothing in the record to establish that the Respondents are commonly known by the domain names pursuant to Policy � 4(c)(ii). In some cases, generic tadalafil from Canadian or international sources can drop below $1 per tablet when purchased in larger quantities.
| Product | Dosage | Quantity + Bonus | Price | |
|---|---|---|---|---|
| Cialis Black | 80mg | 180 + 10 Pills | 356.64€ 339.66€ | |
| Cialis Generic | 10mg | 180 + 8 Pills | 236.88€ 225.60€ | |
| Cialis Generic | 20mg | 60 + 6 Pills | 117.76€ 112.15€ | |
| Cialis Generic | 20mg | 10 Pills | 31.49€ 29.99€ | |
| Cialis Generic | 2.5mg | 10 Pills | 28.51€ 27.15€ | |
| Cialis Generic | 5mg | 120 + 6 Pills | 132.92€ 126.59€ | |
| Cialis Original | 20mg | 12 Pills | 78.32€ 74.59€ | |
| Cialis Generic | 20mg | 90 + 6 Pills | 154.71€ 147.34€ | |
| Cialis Black | 80mg | 60 + 4 Pills | 150.98€ 143.79€ | |
| Cialis Super Active | 20mg | 120 + 16 Pills | 382.15€ 363.95€ | |
| Cialis Professional | 40mg | 60 + 2 Pills | 262.32€ 249.83€ | |
| Cialis Generic | 60mg | 360 + 10 Pills | 570.52€ 543.35€ | |
| Cialis Soft Tabs | 20mg | 10 Pills | 39.03€ 37.17€ | |
| Cialis Super Active | 20mg | 20 + 4 Pills | 92.35€ 87.95€ | |
| Cialis Super Active | 20mg | 90 + 10 Pills | 314.14€ 299.18€ | |
| Cialis Generic | 2.5mg | 20 Pills | 40.73€ 38.79€ | |
| Cialis Soft Tabs | 20mg | 60 + 4 Pills | 159.37€ 151.78€ |
Site is transparent about where medication comes from, how prescriptions are handled, how long shipping takes, and what
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Linchunming / linchunming, FA1411001589214 (Forum Dec. 22, 2014) (�As mentioned above, Respondent uses the domain name to promote counterfeit goods like those offered by Complainant.� Doing so disrupts Complainant�s business and demonstrates Respondent�s bad faith under Policy � 4(b)(iii).�). For this reason, the Panel finds that Respondents have engaged in bad faith registration and use per Policy � 4(b)(iii). Complainant argues that Respondents� use of the domains to sell competing products constitutes bad faith registration and use. A respondent engages in bad faith where it uses a domain to sell counterfeit products that are directly competitive with a complainant�s business.
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23, 2009) (determining that the respondent�s selling of counterfeit products creates the likelihood of confusion as to the complainant�s affiliation with the disputed domain name and allows the respondent to profit from that confusion). Thus, the Panel finds that Respondents have registered and are using the domains in bad faith per Policy � 4(b)(iv). Next, Complainant argues that the Respondents� use of their domains is potentially harmful to the health of many unsuspecting consumers who may purchase unlawfully sold pharmaceutical products promoted through Respondents� resolving websites. The Panel agrees that Respondents have registered and are using the domains in bad faith pursuant to Policy � 4(a)(iii).� See Eli Lilly and Company v. Ryma Nynyore / Domain Directors Pty.
Product Details
29, 2011) (�The obvious danger of consumers being afforded inaccurate, incomplete, or misleading� contact information about medical products and the probable diversion of actual sales reinforces the Respondent�s bad faith.�). Finally, based on its well-known CIALIS trademark, Complainant argues Respondents must have registered the domains with actual knowledge of Complainant�s mark and its rights therein.� The Panel finds that due to the notoriety of Complainant�s mark, Respondents most certainly had actual knowledge of the mark and Complainant�s rights. Thus, the Panel holds that Respondents registered and use the domains in bad faith. Inc. v. kind of support is available tends to inspire more confidence than a site focused only on discount language.
| Pharmacy Name | Website | Delivery Options | Customer Ratings |
|---|---|---|---|
| MaplePharm | maplepharm.ca | Free over $100 | 4.5/5 |
| MedExpress | medexpress.ca | Express Shipping | 4.2/5 |
| CanaMed | canamed.ca | Standard Delivery | 4.0/5 |
| HealthOne | healthone.ca | Overnight Shipping | 4.6/5 |
This is a very different pathway from buying from a site that simply offers medication without any review process at all.
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Modern Ltd. � Cayman Web Dev., FA 133625 (Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Disney Enters., Inc. v. Morales, FA 475191 (Forum June 24, 2005) (�[U]nder such circumstances, where Respondent has agreed to comply with Complainant�s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.�).
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Preliminary Issue C: Language of the Proceedings Complainant requests that the language of this administrative proceeding proceed in the English language pursuant to UDRP Rule 11(a).� Complainant makes this request in light of the Chinese language Registration Agreements.� It is established practice to take UDRP Rules 10(b) and (c) into consideration for the purpose of determining the language of the proceeding to ensure fairness and justice to both parties. Complainant argues that the domain names at issue resolve to hosted websites in English and all of the domain names were registered incorporating the Complainant�s CIALIS mark and English words such as �buy,� �cheap� and �generic.� �Pursuant to UDRP Rule 11(a), the Panel finds that persuasive evidence has been produced by Complainant to show that is most probable that the Respondents are conversant and proficient in the English language. �Accordingly, the Panel holds that the proceeding should be in English.� See The Argento Wine Company Limited v. Argento Beijing Trading Company, D2009-0610 (WIPO July 1, 2009) (panel exercising discretion in deciding that the language of the proceedings advance in English, contrary to the Registration Agreement, based on evidence that respondent has command of the language).� Complainant has registered the CIALIS trademark with the United States Patent and Trademark Office (�USPTO�) (Reg. The trademark registrations with the USPTO demonstrate Complainant�s rights in its mark for the purposes of Policy � 4(a)(i).
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Co. v. Bonds, FA 873143 (Forum Feb. 16, 2007) (finding that a USPTO trademark registration adequately demonstrates a complainant�s rights in a mark under Policy � 4(a)(i)). Accordingly, the Panel finds that Complainant has demonstrated its rights in the CIALIS mark pursuant to Policy � 4(a)(i). From a pricing perspective, generic tadalafil tends to be one of the more attractive online options because the per-tablet cost can be relatively low, especially in larger quantities.
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See Tercent Inc. v. Lee Yi, FA 139720 (Forum Feb. 10, 2003) (stating �nothing in [the respondent�s] WHOIS information implies that [the respondent] is �commonly known by� the disputed domain name� as one factor in determining that Policy � 4(c)(ii) does not apply).� Further, Complainant has shown that all of the active websites associated with the domain names resolve to the same online pharmacy, which promotes and allegedly sells �generic� versions of CIALIS brand product, not approved by the FDA. See Wolverine World Wide, Inc.
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v. Fergus Knox, FA 1627751 (Forum Aug. 19, 2015) (finding no bona fide offering of goods or legitimate noncommercial or fair use existed where Respondent used the resolving website to sell products branded with Complainant�s MERRELL mark, and were either counterfeit products or legitimate products of Complainant being resold without authorization). Therefore, the Panel finds that the Respondents are not using the domain names in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use under Policy � 4(c)(i) and Policy � 4(c)(iii). The Panel finds Complainant has satisfied Policy � 4(a)(ii).
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The discussion in this weekend cialis section does not apply to the domain names registered to Dr. Joo. Complainant contends that Respondents� use of the domains to promote counterfeit products that compete with Complainant�s business is disruptive. A respondent�s use of a domain to sell counterfeit products that are directly competitive with a complainant�s business constitutes bad faith registration and use. See H-D U.S.A., LLC v. Bulk discounts, multi-month ordering, and subscription-style arrangements can further reduce the average cost per dose. For tadalafil specifically, online pharmacy demand tends to center on two patterns of use: daily low-dose therapy and as-needed dosing.
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Butler, FA 744444 (Forum Aug. 17, 2006) (finding bad faith where the respondent was �well-aware� of the complainant�s YAHOO! The Panel finds Complainant has satisfied Policy � 4(a)(iii). Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page Canadian Pharmacy advertise both brand-name and generic versions of Cialis and Viagra, and they often present pricing that looks far more competitive than what patients are used to seeing at local U.S.
